Part52

DFARS 252.225-7035 - 252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate.

Current Status

DEVIATION ACTIVE

WARNING: This clause is affected by 1 active class deviation. Use the deviation text, NOT the standard clause text from the eCFR.
Last Checked2026-03-11 20:05 UTC
Authoritative Sourcehttps://www.ecfr.gov/current/title-48/section-252.225-7035

Active Class Deviations

2017-O0009 - Class Deviation 2017-O0009 Products and Services from the African Host Nation-Djibouti

Effective: None
Effect: MODIFY

Modify clause 252.225-7035

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Standard Clause Text (eCFR)

252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate.
Basic.
As prescribed in 225.1101(9) and (9)(i), use the following provision:
Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Basic (FEB 2024)
(a) Definitions. “Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the “252.225-7036, Buy American”—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation.
(b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, the Offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The Offeror shall identify all end products that are not domestic end products. (i) The Offeror certifies that the following supplies are qualifying country (except Australian) end products: Line item No. Country of origin (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products or Peruvian end products: Line item No. Country of origin (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Line item No. Country of origin (if known) Exceeds 55% domestic content (yes/no) (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: [List as necessary]
(End of provision)
Alternate I.
As prescribed in 225.1101(9) and (9)(ii), use the following provision, which does not use the phrases “Bahraini end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Moroccan end product,” “Panamanian end product,” and “Peruvian end products” in paragraph (a); does not use “Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii); does not use “Australian or” in paragraph (c)(2)(i); and includes “that are mined, produced, or manufactured in the United States” in paragraph (c)(2)(ii): Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate I (FEB 2024) (a) Definitions. Commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, foreign end product, qualifying country end product,
and
United States,
as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and
(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation, will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation, the Offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The Offeror shall identify all end products that are not domestic end products. (i) The Offeror certifies that the following supplies are qualifying country end products: Line item No. Country of origin (ii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items that are mined, produced, or manufactured in the United States. If the percentage of the domestic content is unknown, select “no”. Line item No. Country of origin (if known) Exceeds 55% domestic content (yes/no) (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: [List as necessary]
(End of provision)
Alternate II.
As prescribed in 225.1101(9) and (9)(iii), use the following provision, which adds
South Caucasus/Central and South Asian (SC/CASA) state and South Caucasus/Central and South Asian (SC/CASA) state end product to paragraph (a), and uses different paragraphs (b)(2) and (c)(2)(i) than the basic provision: Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate II (FEB 2024) (a) Definitions. Bahraini end product, commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, Free Trade Agreement country, Free Trade Agreement country end product, foreign end product, Moroccan end product, Panamanian end product, Peruvian end product, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate II clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate II clause of this solicitation, will evaluate offers of qualifying country end products, SC/CASA state end products, or Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate II clause of this solicitation, the Offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The Offeror shall identify all end products that are not domestic end products. (i) The Offeror certifies that the following supplies are qualifying country (except Australian) or SC/CASA state end products: Line item No. Country of origin (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products: Line item No. Country of origin (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Line item No. Country of origin (if known) Exceeds 55% domestic content (yes/no) (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: [List as necessary] (End of provision) Alternate III. As prescribed in 225.1101(9) and (9)(iv), use the following provision, which uses different paragraphs (a), (b)(2), (c)(2)(i), and (c)(2)(ii) than the basic provision: Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate III (FEB 2024) (a) Definitions. Commercially available off-the-shelf (COTS) item, domestic end product, foreign end product, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate III clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate III clause of this solicitation, will evaluate offers of qualifying country end products or SC/CASA state end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate III clause of this solicitation, the Offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The Offeror shall identify all end products that are not domestic end products. (i) The Offeror certifies that the following supplies are qualifying country or SC/CASA state end products: Line item No. Country of origin (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products: Line item No. Country of origin (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Line item No. Country of origin (if known) Exceeds 55% domestic content (yes/no) (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: [List as necessary] (End of provision) Alternate IV. As prescribed in 225.1101(9) and (9)(v), use the following provision, which adds Korean end product to paragraph (a); and uses “Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii), rather than “Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii) of the basic provision: Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate IV (FEB 2024) (a) Definitions. Bahraini end product, commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, Free Trade Agreement country, Free Trade Agreement country end product, foreign end product, Korean end product, Moroccan end product, Panamanian end product, Peruvian end product, qualifying country end product, and United States, as used in this provision, have the meanings given in the ;252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation, the Offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The Offeror shall identify all end products that are not domestic end products. (i) The Offeror certifies that the following supplies are qualifying country (except Australian) end products: Line item No. Country of origin (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products: Line item No. Country of origin (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Line item No. Country of origin (if known) Exceeds 55% domestic content (yes/no) (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: [List as necessary] Alternate V. As prescribed in 225.1101(9) and (9)(vi), use the following provision, which uses different paragraphs (a), (b)(2), (c)(2)(i), and (c)(2)(ii) than the basic provision: Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate V (FEB 2024) (a) Definitions. Bahraini end product, commercially available off-the-shelf (COTS) item, component, critical component, critical item, domestic end product, “ Free Trade Agreement country, Free Trade Agreement country end product, foreign end product, Korean end product, Moroccan end product, Panamanian end product, Peruvian end product, qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state end product, and United States, as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate V clause of this solicitation. (b) Evaluation. The Government— (1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and (2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate V clause of this solicitation, will evaluate offers of qualifying country end products, SC/CASA state end products, or Free Trade Agreement end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program. (c) Certifications and identification of country of origin. (1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate V clause of this solicitation, the Offeror certifies that— (i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product; (ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and (iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country. (2) The Offeror shall identify all end products that are not domestic end products. (i) The Offeror certifies that the following supplies are qualifying country (except Australian) or SC/CASA state end products: Line item No. Country of origin (ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products: Line item No. Country of origin (iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”. Line item No. Country of origin (if known) Exceeds 55% domestic content (yes/no) (3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation). Line Item Number: [List as necessary] (End of provision) [70 FR 2364, Jan. 13, 2005] Editorial Note: For Federal Register citations affecting section 252.225-7035, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at www.govinfo.gov.

As Modified by Deviation

252.225-7035, Buy American—Free Trade Agreements—Balance of Payments Program Certificate.
(v) 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program. (vi) 252.225-7044, Balance of Payments Program—Construction Material. (vii) 252.225-7045, Balance of Payments Program—Construction Material Under Trade Agreements. (2) Do not use the following provision or clause in solicitations or contracts that include the clause at 252.225-7977 (DEVIATION 2017-O0009): (i) 252.225-7020, Trade Agreements Certificate. (ii) 252.225-7021, Trade Agreements. * * * * * Page 7 of 10 Attachment 1 DARS Tracking Number 2017-O0009 Products and Services from the African Host Nation–Djibouti PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES * * * * * 252.225-7985 Preference for Products or Services from the African Host Nation–Djibouti. (DEVIATION 2017-O0009)
As prescribed in 225.7798-6(a), use the following provision:
PREFERENCE FOR PRODUCTS OR SERVICES FROM THE AFRICAN HOST NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009)
(a) Definitions. “African host nation” and “products or services from the African host nation—Djibouti,” as used in this provision, are defined in the clause of this solicitation entitled “Requirement for Products or Services from the African Host Nation—Djibouti” (252.225-7986) (DEVIATION 2017-O0009). (b) Representation. By submission of its offer, the Offeror represents that all products or services to be delivered under a contract resulting from this solicitation are products or services from the African host nation—Djibouti, unless, in its offer, the Offeror specifies that it will provide products or services other than products or services from the African host nation—Djibouti. (c) Other products or services. Offerors that include products or services in their offer that are not products or services from the African host nation—Djibouti shall identify in the offer the solicitation line item number and the country of origin for the product or service that is not a product or service from the African host nation— Djibouti, unless the product is listed in paragraph (c)(2) of the provision entitled “Trade Agreements Certificate,” if included in this solicitation.
(d) Evaluation. For the purpose of evaluating competitive offers, the Contracting Officer will increase by [Contracting Officer to specify percent in accordance with the USAFRICOM Commander’s policy and contracting activity procedures_______] percent the prices of offers of products or services that are not products or services from the African host nation—Djibouti.
(End of provision)
Page 8 of 10 Attachment 1 DARS Tracking Number 2017-O0009 Products and Services from the African Host Nation–Djibouti 252.225-7986 Requirement for Products or Services from the African Host Nation–Djibouti. (DEVIATION 2017-O0009)
As prescribed in 225.7798-6(b), use the following clause: REQUIREMENT FOR PRODUCTS OR SERVICES FROM THE AFRICAN HOST NATION–DJIBOUTI (SEP 2017) (DEVIATION 2017-O0009) (a) Definitions. As used in this clause– “African host nation’’ means the African nation in which there is a requirement for supplies or services in support of DoD activities in a covered African country, and which allows the Armed Forces and supplies of the United States to be located on, to operate in, or to be transported through its territory. “Covered African country’’ means a country in Africa that has signed a long-term agreement with the United States related to the basing or operational needs of the United States Armed Forces. Djibouti is a covered African country. ‘‘Product or service from the African host nation—Djibouti’’ means– (1) A product from Djibouti that is wholly grown, mined, manufactured, or produced in Djibouti; or (2) A service, including construction, from Djibouti that is performed by a person or entity that— (i) Is properly licensed or registered by appropriate authorities of Djibouti;
and
(ii) As determined by the Chief of Mission concerned—
(A) Is operating primarily in Djibouti; or (B) Is making a significant contribution to the economy of Djibouti through payment of taxes or use of products, materials, or labor that are primarily grown, mined, manufactured, produced, or sourced from Djibouti. (b)(1) The Contractor shall provide only products or services from the African host nation—Djibouti, unless, in its offer, it specified that it would provide products or services other than products or services from the African host nation—Djibouti.
(2) For construction contracts, the Contractor is encouraged, but not required, to use construction material from the African host nation—Djibouti).
(End of clause)
Page 9 of 10
Attachment 1 DARS Tracking Number 2017-O0009 Products and Services from the African Host Nation–Djibouti 252.225-7977 Acquisition Restricted to Products or Services from the African Host Nation–Djibouti. (DEVIATION 2017-O0009)
As prescribed in 225.7798-6(c), use the following clause:
ACQUISITION RESTRICTED TO PRODUCTS OR SE...

Full Current Text

Show full clause text 
252.225-7035 Buy American—Free Trade Agreements—Balance of Payments Program Certificate.

Basic.
As prescribed in 225.1101(9) and (9)(i), use the following provision:

Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Basic (FEB 2024)

(a)
Definitions.
“Bahraini end product,” “commercially available off-the-shelf (COTS) item,” “component,” “critical component,” “critical item,” “domestic end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “foreign end product,” “Moroccan end product,” “Panamanian end product,” “Peruvian end product,” “qualifying country end product,” and “United States,” as used in this provision, have the meanings given in the “252.225-7036, Buy American”—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation.

(b)
Evaluation.
The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c)
Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Basic clause of this solicitation, the Offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

(ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

(iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The Offeror shall identify all end products that are not domestic end products.

(i) The Offeror certifies that the following supplies are qualifying country (except Australian) end products:

Line item No.

Country of origin

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products or Peruvian end products:

Line item No.

Country of origin

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Line item No.

Country of origin

(if known)

Exceeds 55% domestic content

(yes/no)







(3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

Line Item Number:

[List as necessary]

(End of provision)

Alternate I.
As prescribed in 225.1101(9) and (9)(ii), use the following provision, which does not use the phrases “Bahraini end product,” “Free Trade Agreement country,” “Free Trade Agreement country end product,” “Moroccan end product,” “Panamanian end product,” and “Peruvian end products” in paragraph (a); does not use “Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii); does not use “Australian or” in paragraph (c)(2)(i); and includes “that are mined, produced, or manufactured in the United States” in paragraph (c)(2)(ii):

Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate I (FEB 2024)

(a)
Definitions. Commercially available off-the-shelf (COTS) item,

component, critical component, critical item, domestic end product,

foreign end product, qualifying country end product,
and
United States,
as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation.

(b)
Evaluation.
The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation, will evaluate offers of qualifying country end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c)
Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate I clause of this solicitation, the Offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

(ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

(iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The Offeror shall identify all end products that are not domestic end products.

(i) The Offeror certifies that the following supplies are qualifying country end products:

Line item No.

Country of origin

(ii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items that are mined, produced, or manufactured in the United States. If the percentage of the domestic content is unknown, select “no”.

Line item No.

Country of origin

(if known)

Exceeds 55% domestic content

(yes/no)







(3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

Line Item Number:

[List as necessary]

(End of provision)

Alternate II.
As prescribed in 225.1101(9) and (9)(iii), use the following provision, which adds
South Caucasus/Central and South Asian (SC/CASA) state
and
South Caucasus/Central and South Asian (SC/CASA) state end product
to paragraph (a), and uses different paragraphs (b)(2) and (c)(2)(i) than the basic provision:

Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate II (FEB 2024)

(a)
Definitions. Bahraini end product, commercially available off-the-shelf (COTS) item,

component, critical component, critical item, domestic end product,

Free Trade Agreement country, Free Trade Agreement country end product,

foreign end product, Moroccan end product,

Panamanian end product, Peruvian end product,

qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state,

South Caucasus/Central and South Asian (SC/CASA) state end product,
and
United States,
as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate II clause of this solicitation.

(b)
Evaluation.
The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate II clause of this solicitation, will evaluate offers of qualifying country end products, SC/CASA state end products, or Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c)
Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate II clause of this solicitation, the Offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

(ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

(iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The Offeror shall identify all end products that are not domestic end products.

(i) The Offeror certifies that the following supplies are qualifying country (except Australian) or SC/CASA state end products:

Line item No.

Country of origin

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products:

Line item No.

Country of origin

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Line item No.

Country of origin

(if known)

Exceeds 55% domestic content

(yes/no)







(3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

Line Item Number:

[List as necessary]

(End of provision)

Alternate III.
As prescribed in 225.1101(9) and (9)(iv), use the following provision, which uses different paragraphs (a), (b)(2), (c)(2)(i), and (c)(2)(ii) than the basic provision:

Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate III (FEB 2024)

(a)
Definitions. Commercially available off-the-shelf (COTS) item,

domestic end product, foreign end product,

qualifying country end product, South Caucasus/Central and South Asian (SC/CASA) state end product,
and
United States,
as used in this provision have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate III clause of this solicitation.

(b)
Evaluation.
The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate III clause of this solicitation, will evaluate offers of qualifying country end products or SC/CASA state end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c) Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate III clause of this solicitation, the Offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

(ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

(iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The Offeror shall identify all end products that are not domestic end products.

(i) The Offeror certifies that the following supplies are qualifying country or SC/CASA state end products:

Line item No.

Country of origin

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products:

Line item No.

Country of origin

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Line item No.

Country of origin

(if known)

Exceeds 55% domestic content

(yes/no)







(3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

Line Item Number:

[List as necessary]

(End of provision)

Alternate IV.
As prescribed in 225.1101(9) and (9)(v), use the following provision, which adds
Korean end product
to paragraph (a); and uses “Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii), rather than “Free Trade Agreement country end products other than Bahraini end products, Moroccan end products, Panamanian end products, or Peruvian end products” in paragraphs (b)(2) and (c)(2)(ii) of the basic provision:

Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate IV (FEB 2024)

(a)
Definitions. Bahraini end product, commercially available off-the-shelf (COTS) item,

component, critical component, critical item, domestic end product,

Free Trade Agreement country, Free Trade Agreement country end product,

foreign end product, Korean end product,

Moroccan end product, Panamanian end product,

Peruvian end product, qualifying country end product,
and
United States,
as used in this provision, have the meanings given in the ;252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation.

(b)
Evaluation.
The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation, will evaluate offers of qualifying country end products or Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American or the Balance of Payments Program.

(c)
Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate IV clause of this solicitation, the Offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

(ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

(iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The Offeror shall identify all end products that are not domestic end products.

(i) The Offeror certifies that the following supplies are qualifying country (except Australian) end products:

Line item No.

Country of origin

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products:

Line item No.

Country of origin

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Line item No.

Country of origin

(if known)

Exceeds 55% domestic content

(yes/no)







(3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

Line Item Number:

[List as necessary]

Alternate V.
As prescribed in 225.1101(9) and (9)(vi), use the following provision, which uses different paragraphs (a), (b)(2), (c)(2)(i), and (c)(2)(ii) than the basic provision:

Buy American—Free Trade Agreements—Balance of Payments Program Certificate—Alternate V (FEB 2024)

(a)
Definitions. Bahraini end product, commercially available off-the-shelf (COTS) item,

component, critical component, critical item, domestic end product,
“
Free Trade Agreement country, Free Trade Agreement country end product,

foreign end product, Korean end product,

Moroccan end product, Panamanian end product,

Peruvian end product, qualifying country end product,

South Caucasus/Central and South Asian (SC/CASA) state end product,
and
United States,
as used in this provision, have the meanings given in the 252.225-7036, Buy American—Free Trade Agreements—Balance of Payments Program—Alternate V clause of this solicitation.

(b)
Evaluation.
The Government—

(1) Will evaluate offers in accordance with the policies and procedures of part 225 of the Defense Federal Acquisition Regulation Supplement; and

(2) For line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate V clause of this solicitation, will evaluate offers of qualifying country end products, SC/CASA state end products, or Free Trade Agreement end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products without regard to the restrictions of the Buy American statute or the Balance of Payments Program.

(c)
Certifications and identification of country of origin.

(1) For all line items subject to the Buy American—Free Trade Agreements—Balance of Payments Program—Alternate V clause of this solicitation, the Offeror certifies that—

(i) Each end product, except the end products listed in paragraph (c)(2) of this provision, is a domestic end product;

(ii) Each domestic end product listed in paragraph (c)(3) of this provision contains a critical component or a critical item; and

(iii) Components of unknown origin are considered to have been mined, produced, or manufactured outside the United States or a qualifying country.

(2) The Offeror shall identify all end products that are not domestic end products.

(i) The Offeror certifies that the following supplies are qualifying country (except Australian) or SC/CASA state end products:

Line item No.

Country of origin

(ii) The Offeror certifies that the following supplies are Free Trade Agreement country end products other than Bahraini end products, Korean end products, Moroccan end products, Panamanian end products, or Peruvian end products:

Line item No.

Country of origin

(iii) The following supplies are other foreign end products, including end products manufactured in the United States that do not qualify as domestic end products. For those foreign end products that do not consist wholly or predominantly of iron or steel or a combination of both, the Offeror shall also indicate whether these foreign end products exceed 55 percent domestic content, except those that are COTS items. If the percentage of the domestic content is unknown, select “no”.

Line item No.

Country of origin

(if known)

Exceeds 55% domestic content

(yes/no)







(3) The Offeror shall list the line item numbers of domestic end products that contain a critical component or a critical item (see section 25.105 of the Federal Acquisition Regulation).

Line Item Number:

[List as necessary]

(End of provision)

[70 FR 2364, Jan. 13, 2005]

Editorial Note:
For
Federal Register
citations affecting section 252.225-7035, see the List of CFR Sections Affected, which appears in the Finding Aids section of the printed volume and at
www.govinfo.gov.